A county judge in Ohio is expected to make a decision on the state's law banning most abortions, taking into account the recent voter-approved constitutional amendment protecting reproductive rights. The law, passed in 2019, prohibits abortions once cardiac activity is detected, typically around six weeks into pregnancy. This ban has been challenged by a group of abortion clinics, especially after the passage of Issue 1, which guarantees individuals in Ohio the right to make their own reproductive decisions.
Ohio's Attorney General has acknowledged that the 2023 amendment makes the ban unconstitutional but is seeking to uphold certain provisions, such as notification and reporting requirements. Ohio was the only state in 2023 to address abortion rights through a statewide vote, reflecting a national trend of states moving to safeguard abortion access following changes in federal protections.
Aside from the current case, Ohio faces challenges to various other abortion restrictions, including bans on telehealth for medication abortions, requirements for fetal remains disposal, waiting periods, and hospital transfer agreements. The state's ban on abortions due to a Down syndrome diagnosis remains in place, as does the parental consent law.
Democrats have proposed legislation to align state laws with the new constitutional amendment, aiming to repeal several abortion restrictions. However, these efforts have faced opposition from the Republican-controlled legislature. Despite the passage of Issue 1, certain abortion procedures, such as dilation and extraction, remain banned in Ohio.
Ohio's journey towards stricter abortion laws began with the introduction of 'heartbeat bills,' which have since gained popularity nationwide. After initial vetoes by former Governor John Kasich, the law was eventually signed by Governor Mike DeWine, buoyed by a more conservative Supreme Court. This legal landscape has emboldened anti-abortion advocates, who see an opportunity to impose further restrictions on reproductive rights.
